108 F.2d 119 (1939) DUDLEY v. COMMUNITY PUBLIC SERVICE CO. et al. No. 9254. Circuit Court of Appeals, Fifth Circuit. December 6, 1939. Rehearing Denied January 15, 1940. *120 Russel H. Markwell, of Galveston, Tex., for appellant. Brantly Harris and M. L. Cook, both of Galveston, Tex., for appellees. Before FOSTER, SIBLEY, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. The plaintiff-appellants, widow and dependent child of J. T. Dudley, sued Community Public Service Company and P. J. Short,...
108 F.2d 139 (1939) TODD v. PETTIT et al. In re ELLIOTT. No. 9236. Circuit Court of Appeals, Fifth Circuit. December 14, 1939. Stanley Boykin, of Fort Worth, Tex., for appellant. R. G. Storey, of Dallas, Tex., and W. E. Allen, of Fort Worth, Tex., for appellees. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. On April 22, 1938, Walter A. Todd, as trustee in bankruptcy of Harry W. Elliott, sued Charles Pettit and the bankrupt Elliott for an account, praying a money...
107 F.2d 438 (1939) DURRETT v. UNITED STATES. No. 9219. Circuit Court of Appeals, Fifth Circuit. November 22, 1939. Rehearing Denied December 13, 1939. M. S. Ross, of Nashville, Tenn., for appellant. Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This appeal is from separate sentences aggregating sixty years' imprisonment on four counts of an indictment charging violations of the act of May 18, 1934, 12...
107 F.2d 17 (1939) NICKELSON v. NESTLES MILK PRODUCTS CORPORATION, Inc., et al. No. 9208. Circuit Court of Appeals, Fifth Circuit. November 8, 1939. W. R. Withers, of Greensboro, Ala., and J. E. Wilkinson, Jr., of Selma, Ala., for appellant. Fleetwood Rice, J. Gordon Madison and Hyman Rosenfeld, all of Tuscaloosa, Ala., and Fred S. Ball, Jr., of Montgomery, Ala., for appellees. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This is an action for damages filed in...
106 F.2d 917 (1939) KUNZE v. PRUDENTIAL INS. CO. OF AMERICA. No. 9202. Circuit Court of Appeals, Fifth Circuit. October 24, 1939. Jos. O. McGehee, of Columbus, Ga., for appellant. Thomas Leslie Bowden, of Columbus, Ga., for appellee. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. This appeal is from an order affirming the action of the referee in bankruptcy in dismissing the petition of appellant for an arrangement as to real property under Chapter XII of the...
108 F.2d 123 (1939) JONES v. ST. PAUL FIRE & MARINE INS. CO. No. 9193. Circuit Court of Appeals, Fifth Circuit. December 9, 1939. *124 Dan MacDougald, of Atlanta, Ga., C. W. Kennedy, Jr., of Crockett, Tex., and Austin Y. Bryan, Jr., of Houston, Tex., for appellant. L. E. Elliott, of Dallas, Tex., and W. L. Kemper, of Houston, Tex., for appellee. Before FOSTER, SIBLEY, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. Homer Jones lost cotton by a fire. He had a policy of insurance on cotton...
107 F.2d 765 (1939) UNITED STATES v. THOMAS et al. No. 9188. Circuit Court of Appeals, Fifth Circuit. December 7, 1939. *766 Clyde O. Eastus, U. S. Atty., and William P. Walker, Asst. U. S. Atty., both of Fort Worth, Tex., for appellant. G. E. Lockhart, of Lubbock, Tex., for appellees. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. McCORD, Circuit Judge. The United States filed suit in eight cases in the District Court of the United States for the Northern District of Texas. In six of...
108 F.2d 616 (1939) KOON KREEK KLUB v. THOMAS, Collector of Internal Revenue. SAME v. UNITED STATES. No. 9187. Circuit Court of Appeals, Fifth Circuit. December 28, 1939. Eustis Myres, of Dallas, Tex., for appellant. Maurice J. Mahoney and Sewall Key, Sp. Assts. to Atty. Gen., and Samuel O. Clark, Jr., Asst. Atty. Gen., Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and John A. Erhard, Asst. U. S. Atty., of Dallas, Tex., for appellees. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges....
107 F.2d 123 (1939) EDGEWOOD SHOE FACTORIES, DIVISION OF GENERAL SHOE CORPORATION, v. STEWART. No. 9184. Circuit Court of Appeals, Fifth Circuit. November 10, 1939. *124 A. F. Whiting, of Montgomery, Ala., for appellant. Bernard Lobman and Silas D. Cater, both of Montgomery, Ala., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The proceeding was for reclamation of shoes delivered under a consignment contract. The defense was: That the contract, on...
107 F.2d 3 (1939) UNITED STATES v. SOUTH GEORGIA RY. CO. No. 9180. Circuit Court of Appeals, Fifth Circuit. November 10, 1939. J. Leonard Lyons and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and T. Hoyt Davis, U. S. Atty., and T. Reese Watkins, Asst. U. S. Atty., both of Macon, Ga., for the United States. Russell Snow, of Cocoa, Fla., and Geo. R. Lilly, of Quitman, Ga., for appellee. Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges. HUTCHESON, Circuit...
108 F.2d 136 (1939) ÆTNA LIFE INS. CO. v. AIRD et al. No. 9146. Circuit Court of Appeals, Fifth Circuit. December 14, 1939. J. D. Wheeler, of San Antonio, Tex., for appellant. George Cannon and C. W. Trueheart, both of San Antonio, Tex., for appellees. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. The suit, upon an accident policy, was for the double indemnity it offered insured for injuries, caused "by collapse of the outer walls, or burning of a building, if...
108 F.2d 421 (1939) SHOR v. McGREGOR. No. 9143. Circuit Court of Appeals, Fifth Circuit. December 15, 1939. Rehearing and Motion to Reform Judgment Denied January 15, 1940. *422 Wm. Andress, Jr., and McCombs & Andress, all of Dallas, Tex., for appellant. Geo. A. Smoot, of Wichita Falls, Tex., for appellee. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. This appeal is brought by the assignee of Nettie Young under an assignment for the benefit of creditors which...
107 F.2d 359 (1939) HARTWELL v. UNITED STATES. No. 9135. Circuit Court of Appeals, Fifth Circuit. November 16, 1939. *360 Winston F. Groom, of Mobile, Ala., and Horace C. Wilkinson, of Birmingham, Ala., for appellant. Francis H. Inge, U. S. Atty., of Mobile, Ala., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. Appellant was tried upon an indictment charging him in Counts 1 and 2, with violation of Section 1731(a), Title 12, U.S. C.A., and in Count...
105 F.2d 348 (1939) CITY OF NEW PORT RICHEY v. FIDELITY & DEPOSIT CO. OF MARYLAND. No. 9124. Circuit Court of Appeals, Fifth Circuit. July 11, 1939. *349 Fred T. Saussy, of St. Petersburg, Fla., and W. H. Brewton, of Dade City, Fla., for appellant. T. M. Shackleford, Jr., of Tampa, Fla., for appellee. Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. The City of New Port Richey, having authority of law so to do, on June 1, 1930, signed by its officers and its...
105 F.2d 604 (1939) SMITH v. LYKES BROTHERS-RIPLEY S. S. CO., Inc. No. 9112. Circuit Court of Appeals, Fifth Circuit. July 15, 1939. Rehearing Denied August 15, 1939. *605 Richard B. Montgomery, Jr., of New Orleans, La., for appellant. Geo. H. Terriberry, Jos. M. Rault, and Benjamin W. Yancey, all of New Orleans, La., for appellee. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. On February 17, 1937, appellant sustained a personal injury in the course of his...
107 F.2d 88 (1939) AMERICAN CASUALTY CO. OF READING, PA., v. WINDHAM et al. No. 9091. Circuit Court of Appeals, Fifth Circuit. November 7, 1939. Rehearing Denied December 13, 1939. *89 T. Baldwin Martin and Cubbedge Snow, both of Macon, Ga., for appellant. Van McKibben Lane and William C. Turpin, Jr., both of Macon, Ga., for appellees. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. McCORD, Circuit Judge. The American Casualty Company petitioned for declaratory judgment as to its...
104 F.2d 833 (1939) COMMISSIONER OF INTERNAL REVENUE v. W. S. FARISH & CO. No. 9084. Circuit Court of Appeals, Fifth Circuit. July 6, 1939. Berryman Green and Sewall Key, Sp. Assts. to Atty. Gen., Jas. W. Morris, Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner. Walter E. Barton, of Washington, D. C., for respondent. Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges. McCORD, Circuit...
104 F.2d 706 (1939) PORT OF PALM BEACH DIST. v. GOETHALS et al. No. 9074. Circuit Court of Appeals, Fifth Circuit. June 23, 1939. *707 Egbert Beall and Jos. D. Farish, both of West Palm Beach, Fla., for appellant. George W. Coleman and Wilbur E. Cook, both of West Palm Beach, Fla., for appellees. Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges. SIBLEY, Circuit Judge. The executors of George W. Goethals filed a declaration in covenant against the *708 Port of Palm Beach District to recover...
107 F.2d 432 (1939) ALBERT MILLER & CO. v. CORTE et al. No. 9065. Circuit Court of Appeals, Fifth Circuit. November 24, 1939. Rehearing Denied December 22, 1939. *433 Wm. G. Caffey and Harry T. Smith, both of Mobile, Ala., for appellant. Sam M. Johnston, T. E. Twitty, and Charles B. Arendall, Jr., all of Mobile, Ala., C. L. Hybart of Monroeville, Ala., and John Chason, of Bay Minette, Ala., for appellees. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The suit...
104 F.2d 59 (1939) VALLETTE et al. v. CITY OF VERO BEACH, FLA. No. 9057. Circuit Court of Appeals, Fifth Circuit. May 22, 1939. *60 *61 Miller Walton and Frank O. Spain, both of Miami, Fla., Giles J. Patterson, of Jacksonville, Fla., and C. L. Chancey, of Fort Lauderdale, Fla., for appellants. Robert J. Pleus, of Orlando, Fla., and Charles A. Mitchell, of Vero Beach, Fla., for appellee. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. In the District Court under Chapter...
